Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1887-01-22


Ihe demand for additional room IN orr
penal institutions does not indicate or prove
inureasil 9 crlmlnall1y or law breaking. It
81 a natural rssult of the rapid growth Of the
state 10 population IN 1880 Kansas had
only 39G coo inheb itants; our population to
day exceeds 100000. The proportion OF
criminala per capita is not as great nov as It
vas ak years ago. In 1850 the penitentiary
contained 65l prisoners OF one for every
u Al inhabitants. The average number in
confinement during the fiscal year 1856 Wss
657, or one for every !, 792 Inhabitants. And
she demands for additional room by our
educational and charitable Institutions are
larger and more imperative than are those
for increased cell room in our prisons.
TIE SUPREME COURT.
A delay Of iustiss is often an nbsoIute de-
MAJ Of justice. The docket OF the supreme
court Ii 50 overburdened that, In many in
stances, long, expensive and VexstiOus delaya
attend the anal adjudication OF cases brought
before that tribunal. Nearly 600 cases are
nov on its docket and over thirty new cases
are hled each month. The three justices
constituting the court are not able to dispose
Of more than 800 cases each year, and the
undecided cases are therefore steadily in
Il Is evident that some relief should be
AFFORDED. When our constitution was adopt
I'd Kansas had only one hundred thousand
inhabitants thirty-tWo organized counties,
and hye Judicial districts; We have now
], 10000 inhabitants, ninety-eiQht organized
oOuntiess and tWenty-four judicial districts.
Every order, decree or judgment entered in
these inferior oouria5 Whether the amount
involved is large or small, can be taken TO
the supreme court for review. When all
these facts are considered, il must be appar-
sns that the justices OF the supreme court
have imposed upon them suoh labors a.
with due regard FOR the investigation and
study necessary TO arrive at Iu1t judgments,
cannot be performed.
An amendment 70 the constitution, pro
posing an increase in the number of su-
at IA
recent election by an overwhelming major
tty. The court can, however, be relieved In
another way, and without expense to the
taxpayers. If appeals in civil cases were
limited, the business Of the supreme court
might be largely decreased. have ascsrs
tanned that nearly ons-fOurth OF the cases
now hied in that court involve surns Of less
tnan two hundred and nifty dollars A very
large proportion Of these cases are taken mp
either to obtain delay, or because Of bad
feeling between the parties htigant- No
public or private interest Is benentteds uoE
are the ends of justice subserFed, by such
system Of j. prudence. It seems to me
that no civil case where the judgment rem
dsred 10 less than two hundred and nifty dOi-
lars, should be prosecuted by a writ Of error
An the supreme court, unless 1t involves some
public matter, OF important law question.
Let the decisions of the district courts in all
such cases be final, except In matters affect
ing land, revenue, or the construction Of the
constitution OF this state and OF the United
States; and in all these cases give the dis
triot courts authority 70 certify mp 70 the
supreme court the law question IN dispute,
without transmitting a complete tram
script
II vii probably be urged, as an objection
TO this suggestion, that every citizen shOula
have the right OF appealing 70 the supreme
ooHrt, no matter how small is the sum in
controversy; and that by thus limiting the
right OF appeal TO cases involving more than
$50, citizens OF limited means are olscrinl-
mated against. The truth is, however, that
appeals to the supreme court, In cases IN
volVing smaller sums than $3.50, are gener-
ally taken by wealthy corporations and In
diylduals, employing lawyers ~ stated an,
nu4 salaries, and for the purpose OF detsp.
ing citizens Of limited means from bringing
a5t10nG against them. By taking advantage
Of the laws Proverbial delay, by increasing
the cost OF litigation, by subjecting those
who are seeking their Just rights to innuu1-
cradle vsIations, and by making their s1-
pense exceed the amount IN dispute, the rich
and the strong render the prosecution OF
Just claims mookery to the poor and tho
weak, because the amount awarded, when q
nnEl judgment is at last obtained, does not
equal the expense OF the contest for justice.
In view OF these facts, thousands of citizens
submit 70 wrong and suffer injustice to be
done them, rather than resort to the courts
for redress.
The remedy have suggested to correct
the manifest and manifold evils OF our ju-
dtclal system may not be the best that can
be devised. But the necessity for afording
relief 70 the supreme court, and of prOvid-
ing for a prompt hearing and adjudication
Of causes and less expensive and more
1Qnltaple YlndlcatlQn- Of individual rights,
b Imperative. commend this subject to
your attention, and earnestly hope that ade-
quats remedies will be provided to remove
The causes OF Just complaint have pointed
cut
LAWS AND GuPRE2LE COUEr REPORTS.
Provision should bs made for electrotyp-
ing the laws Of the state, and the supreme
court reports a. they are printed 80 that
new editions can be published TO meet the
demands Of the future. The cost OF electro
typing these volumes would be small, and
Its necessity Is apparent There are no
volumes of the Kansas laws now in charge
OF the state librarian, for sale. Even the
edition OF the session laws of 1885 was long
AgS exhausted OF the supreme court re-
ports, volumes one to tWenty-eight are cut
Of print. Volumes one 70 seventeen have
been printed by private dealers, to meet the
demand for them. The sale of these laws
and reports Is a source of profit. not of eI-
Pense, 70 the state, and there is always de-
mand for much larger number than is
printed OF session laws, 500 volumes,
and OF supreme court reports, 1000 volumes
are now published The original edition OF
each ahould be increased, and provision
should be made for eloetrOtypiag the vol
unea, IS Issued, 50 that the demands Of the
future can be supplied.
THE DISTRICT COURTS.
Two years ago I called the attention Of
thu legislature to the necessity for an equita-
bic division Of the state into Judicial dis
tricts. We have row tWenty-fOur district
judges, and il their iabors were fairly Rp-
portiOned, not one or them would be OYER
surdsned, aud all the legal business or the
state could b. promptly and fairly die
patched.
Bat as the ju[ oial districts are now
formed several of the judges have abund-
ant leisure, while others, holding courts
every month are unable 10 keep Ihsir dock
eta clear general redistEicting OF the
state would avoid the necessity OF creating
nav distrlcts, and thus prevent an increase
Of judicial expenditures. Such redistrict-
ing q advisable for very many other rsas-
ons, equally apparent and urgent.
OUR D--GCE LAWS.
Grave complaints are made, from any
sources ponoeA=lIng our laws relating to d.
vorces which, il Is believed, establish such
grounds fer separation as inevitably tend to
make the marriage contract one carslessly
assumed because easily abrogated. At 4
single term Of the district cOnrt, in one
county fourteen divorce cases, ell brought
within three months, we're an the docket
The most commOn ground for these suits Is
abandonment for one year" and, between
parties who for any cause desire to obtain
divorce COLLISION upon this ground Is easy,
and the necessary proof readily furnished.
Il ID believed that citizens OF other states
are taking advantage Of this loose provision
Of cur laws, and coming here for the sole
purpose OF obtaining divorce Oar laws
On this subject should be amended, and this
Questionable provision repealed.
EHE ATToaeIET 0IlSEEAL's oEFIcE-
During the last few years the duties de-
Volvod upon the attorney general have been
largely increased The passage Of the pro
hibitOry law has, 1t Is fair to say, more than
doubled the WORK Of his ofnoo. Suits to set
Gaids fraudulent school land sales have been
Of